Man Fined $800 For Swearing At Court Baliff
In Plea Court this morning [Mar.27], having spent the night in police custody, 20-year-old Malachi Darrell pleaded guilty to using offensive words the day before.
The charge originated from Darrell’s behaviour yesterday when he was part of the large public gallery watching the proceedings surrounding the trio of men who were charged with the Trinity Road home invasion.
Explaining his action to the Senior Magistrate, Darrell said that he had been gripped by a Bailiff after the Bailiff had told him to “take his feet off the seat”.
The DPP Prosecutor’s evidence was that Darrell had hurried out of the Courtroom and went into the corridor where he told the Bailiff and police who had intervened: “F—k you. I don’t care. I can do what I want…..”
Further explaining his action, Darrell admitted that he had sworn but that he had not done so inside the Courtroom. Instead, he had done so in the corridor which was outside the actual Courtroom.
Darrell was fined $800 for the offence. Requesting time to pay, he was given until 27th April to pay the fine.
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YAWN!!!! Why is this worth reporting?
If it wasn’t worth reporting, why is it worth your comment?
If his comment wasn’t worth commenting on then why are you…
Ahhh screw it
Guess you can’t do what you want.
you can. Freedom sometimes has an $800 price tag
So you’re saying that anyone can go wherever they want, and put their feet all over the place? So let’s say someone comes to your house and sits at your dining room table and puts his feet up while everyone is eating. You tell him to take his feet off the table, and he says “F%^K You, I don’t care,I can do what I want”. You’re telling me you would have the urge to punch him in the face?
Please, you mix freedom with just being a complete idiot.
Come on people get it together! If you act like this in the courts, I can’t imagine how you are on the streets. Let go of this Ghetto, Low Class Mentality, lift yourselves up and stop acting like you just fell off the Turnip Truck into civilized society! SMH
@mixitup I couldn’t have said it better
Amen! Sadly he really feels he can do what he wants and that is the problem.
Judge should have given him 4 hours.
If that’s what he did in the courtroom then yeah he shouldn’t behaving that way but a $800 fine for “swearing”? People swear all day long and even online on Bernews, all the time. Why do we still have this idiotic archaic law?
Exactly! $800.00 fine seems a bit harsh.
Because officers of the court should be respected when carrying out the requirements of their duties. They should not be subject to the rants of people who don’t know how to behave in public. An adult should not have to be told that it is unacceptable to put your feet on the furniture in court.
Further, just because “people” swear often and publicly doesn’t make it right. I remember a time (and I am not that old) when people had some sense of consideration for others when out in public; now it’s a free for all. People walk down the street conversing with their friends and, to use a Bermudian term, ‘the f’s are flying’. I, for one, find it offensive when I am subject to random profanity as I go about my day just because people of all ages don’t know how to, or choose not to, express themselves otherwise. As mixitup said- we need to elimiate the low form of behaviour and set standards as to what is acceptable in public. Norms and rules exist for a reason.
like!!!
Why? They are just words and who cares what YOU find offensive. I can understand if someone if going off and constantly doing it and having a tirade in the middle of the street but telling someone to f off should not constitute an $800 fine. It’s ridiculous. I’ve seen Americans do that all the time and the police just stand there. They even curse out the police and don’t get arrested.
Wow … I would love to be a fly on the wall if you should be walking down the street with your momma or sweetie and someone with the right to say whatever tbey want , ’cause it’s not offensive to you , comes over and starts f’n off your momma or sweetie while you watch.
Can you read? If it’s a once off thing like telling someone to “f off” they should not be arrested, brought to court and fined BUT if they are having a tirade against someone and making a public nuisance then yes they should. Do you not understand the difference?
In case you have not noticed-the police here are a bunch of wusses. They act like they have such tender ears but you go up to Police Club and you hear the exact same words coming out their mouths. The same words come out on a daily basis in their every day life. When they arrest people, they sometimes curse at them when they aren’t co-operating-I’ve heard it myself: e.g. “Stop f**king resisting!” I’m also sure the baliff curses too, so they all need to get a life.
I agree-in the States, the police laugh in your face when you say stuff like that. They don’t have time for trivial crap like that. I also agree-these are all just words that we silly humans give power to. The same as giving someone the finger. If I stood before a cop and stuck up my forefinger he wouldn’t care, but don’t stickup my middle one-oh, no…suddenly it’s an offence. Silly bunch we humans are.
A judge once threw out accharge of someone swearing saying that the popular ‘curse word’ theman used is thought to be an acronym:
Ships
High
In
Transit
The ‘f’ word is thought to have a similar origin. Whether the origins of these words is true or not, again WE give them power and make them good or bad. All this arrest sounds like it was because the baliff personally felt he wasn’t being respected-a few of these baliffs are just plain arrogant. Sounds like he needs to get his ego in check.
Kudos to you.
He was in a court. It isn’t a crime if you walk outside and stand in the street and swear. But this was in a court.
What he did, according to reports, was to refuse to take his feet off the seat in front of him, and started arguing with the bailiff, swearing loudly. He also refused to leave.
He deserved the fine. He brought it on himself.
Actually it is
To swear in public
Actually it is called Disorderly Conduct and although it is very rarely seen before the courts it has a place on the Laws books of Bermuda.
He is not the first and won’t be the last they should have set an example out of him. One way or the other we need to find the respect we once had for each others person and property on this island.
From your description above I would say he made his bed now he needs too lay in it. It took him but second to carry on badly and he has the nerve to ask for time to pay. He should have thought about that before he acted like trailer trash. They have no respect, remorse or values every action brings a reaction but come on how can you not know how to act in public.
your wrong young man, swearing in public is against the LAW.
$800 seems excessive but I guess the magistrate wanted to send a clear message of how and how not to act in a courtroom. What, to me, seems draconian is that he was forced to spend a night in police custody. Prison, even briefly, can do a lot of psychological damage to a young person and should only be used for those who pose an actual threat to society. Swearing hardly poses such a threat.
You have a distorted view of what ‘draconian’ means. He acted up in a court room, and he got a modest fine and held by police. Big deal. Perhaps he’ll grow up now.
He should have considered the obvious remifications of acting the fool in the courtroom. He deserved everything he got.
No sympathy from me at all. Too many of these idiots think they can do anything, anywhere they like, with no consequence.
No, my perception of draconian is perfectly fine, thank you.
I question whether you would consider a night in prison for swearing acceptable if it was you. People make mistakes, but it shouldn’t result in harsher punishments than are required. Personally, speeding seems more repugnant than swearing. At least with speeding there’s the real chance of someone getting hurt or killed. Following your logic, we should start imprisoning people for breaking our speeding laws. See the danger in these overly harsh sentences?
Incidently, I was once a “UK law student” as well. Years ago.
Draconian means an unusually cruel and harsh punishment. That is hardly the case here.
If this guy wants to sit in his own house and swear like a trooper, that’s no problem. But if he wants to act up in a courtroom, he obviously runs the risk of this type of consequence.
You should also consider the meaning of the word “mistake”. A “mistake” is when you wear socks that don’t match. Or you forget that you left the fridge door open. This wasn’t a
“mistake”. He was deliberately acting up. Deliberately, not by mistake.
He wasn’t “imprisoned”, to use your word. He was detained by the police, but not imprisoned. He was fined. Big deal. Fines can be expensive these days…it’s possible you might not realise it, if you are living in the UK, but $500, $800, $1,000, $1,500 fines are not unusual.
Maybe you think the fine should have been smaller… what, $500 would have been ok with you, but $800 is “draconian”? I hope you find better causes to fight for when you actually become a lawyer.
Sure there are punishments, but this one falls outside of what I think is proportionate.
Very broadly, mistakes can be of two kinds: absent-minded ones like mismatching socks, or ones done in the heat of the moment, caused by the building and retention of anger. Most countries recognise this, which is why there are defences like ‘loss of control’ for more serious crimes. Surely you know this, having been a law student. It’s a simple matter of opinion that this act was very likely done out of building frustration, and a more suitable punishment would be a fine alone-not holding him overnight. If you read the above posts, carefully, my concern of an overly harsh penalty was never with the fine (though I did say I think it excessive), but with the imprisonment.
Since you’re in to defining terms, let’s try imprisonment. A simple google search turns up the Free Online Dictionary’s definition: “To put in or as is in prison; confine”. Or maybe a definition from a legal dictionary: “The act of restraining the personal liberty of an individual”. One night of jail, police custody, imprisonment all result in the depravation of liberty. I can’t think of a cause more fundamental and important cause for a lawyer (or anyone) to advocate for. You probably disagree.
Based on the quote of what the young man said to the bailiff, his actions do not meet either of your definitions of a mistake. He said (and this is copied directly from the article above): “F—k you. I don’t care. I can do what I want…..” Such a statement does not reflect words passionately spoken in the heat of the moment. Rather, they reflect a sense of entitlement that one can choose to misbehave without recourse in whichever environment he or she chooses. This is a common problem in Bermuda and is becoming increasingly pervasive.
The reality is, one can act as one pleases, but in some arenas or environments, one’s actions will result in repercussions. And in this instance, this young man received serious repercussions.
As a soon-to-be lawyer, you will be an officer of the court and will be expected to function in accordance with the certain level of decorum. Police officers and bailiffs have the additional responsibility of maintaining the level of decorum amongst those present in the courtroom. Such disrespect is not a small matter; it must be stamped out and discouraged. If the magistrate was to take a relaxed approach to public disregard for the court he would be opening the proverbial door for a further lowering of behavioural standards. As a behavioural scientist I can assure you that people rise to meet the expectations that are set. Therefore, if the standard is clear, they will meet it. If it is lowered, they will meet that. Yes, there will be some who will test the standard but, as in this case, such exceptions to the rule should be addressed expediently.
While you may think the response was harsh, I believe it was necessary. Now, that young man and others who may have considered acting similarly will think twice before they misbehave in a courtroom. The choice is obvious- if you don’t want to spend a night in a police cell and don’t want to pay a hefty fine then behave yourself when you enter the court. It’s all about self-control and managing one’s actions so that others won’t have to put external controls on you. Again, the choice rests with the individual.
All the best in your studies!
The concept of ‘mistake’ in English law, as it relates to criminal matters, is nothing to do with what you describe.
As to the ‘loss of control’ defence – that applies to murder, and only in limited circumstances. It isn’t anything to do with what happened here.
A grown man standing in a courtroom, yelling and sweariug at the bailiff is (and should be) asking for pretty serious trouble. And that’s apparently what he got.
As someone who has been arrested and held overnight for a $50 unpaid ticket (failure to properly stop at a stop sign) it already happens. I spent 15hrs locked up before i could see a judge and he could hand me another $100 for not paying on time. Oh and I was 19 at the time.
He’s probably been kept in custody overnight to save the BPS trying to find him the following day when he doesn’t show up in court, saving time & money.
This coupled with the fact that this young man is known to the Courts as he’s no stranger to them and continues to disrespect them and their elected officilas.
The sad thing is this individual has two very concerned parents who have bent over backwards for him and as much as they’ve persevered he has chosen a specific path to walk down, mainly due to his bad choice of accomplices.
Straighten up or the Big House is awaiting just around the corner young man !!
I am with you. $800 and the label criminal because you said the F word!
Its attitudes like yours why our country is the way it is now.
Feet on the bench like he is at home on the couch, doing “what he wants”.
No respect or consideration for anybody. This childish mentality needs to stop, and people like you need to stop encouraging it. Judging by your name you probably go to “church” too..
Acting all big man and tough, then begs for more time to pay for the fine.
Loser little spoiled boy. People need to grow up and stop tarnishing my Bermudian identity.
Attitudes like mine? I guess you never read my comments online and clearly you can’t read because I said it he shouldn’t be behaving that way in court already. So are you blind or just stupid? Or do you see what you want to see to fit your idiotic reply to me? I wasn’t encouraging his bad behavior but $800 is a bit much for using a word that some people decided is horrible and shouldn’t be uttered in public. A made up word that really has no meaning. You need to grow up and shut the f*ck up. Who do you think you are? “tarnishing my Bermudian identity”? GET OVER YOURSELF! Who are YOU? How about that? And NO I don’t go to church but you sound like a bible thumping hypocrite who would blush at the sound of a “curse word”.
“a bit much” was his attitude of putting his feet up like some royalty.
Thats where it STARTED. Forget about F-word and resulting fine. But I’ll stop here as you seem like one of those type that just dont get it. As other posters have mentioned, when you act like you “do what you want” deal with whatever the consequence of YOUR actions.
Im with you tho, cant stand the relgious hypocrites here either.
Yes which I already stated in my original comment was unacceptable bad behavior. My complaint was not with the bailiff asking him to behave like a human being and take his feet down. My complaint was fining someone $800 for uttering 1 word. Throwing him out would have been enough unless he went on a vulgar tirade. Apparently you didn’t understand my comment and were quick to shoot off a response like many others. Maybe this third time I tell you will finally get through your skull.
He didn’t just “utter” the f word. He repeatedly yelled it at the bailiff in a courtroom. That is asking for trouble, which he rightly got. Serves him right.
Did that finally get through your skull?
That wasn’t reported dumbass! It’s still just a word. Did that get through your skull?
Not reported here but did happen. Dumbass.
@ amen: It wasn’t that long ago that men would apologize for being overheard swearing in public, and it was unheard of for women to swear anywhere, unless they were “street” women. Now, men, women and children insert four letter words into sentences with every other word. Just because it is common usage, doesn’t make it right. Sure doesn’t make that person sound educated. Also wouldn’t be appealing to any boss.
In my opinion, swear words are for when you are really really angry. If you use them all the time, what do you say when emotions run high? I have also heard that they can be a sign of a stunted vocabulary.
Cool story but has nothing to do with my original comment. Amazing how many adults don’t have adult level reading and comprehension skills. That’s more repulsive to me than a 20 year old using the f word.
Our reading skills are just fine , thank you. The problem is your posting skills . Confused and contradictory .
You mad. My comments have been the same since my original post. I know it’s hard just read slower next time.
@ amen: the point I was trying to make, in regard to your original comment is that although you may feel the law against swearing is archaic, some of us wish it would be applied more stringently.
When you get right down to it, most so-called curse words relate to either the sex act or the sexual parts. They express how we really feel about those parts and that act if we use those words to insult and put down someone else. I don’t know if you are a man or a woman, but think about what you are really saying about your own body or that of someone you love next time you call someone a c__t or a p___y or a pr__k. Or what you are actually saying about the act of love when you use the ‘f’ word. But then, we have become a society that uses sex as a commodity or to intimidate, hurt or gain power over someone els. There is little or no respect for one another , as you so clearly demonstrate when you indicate that offending someone else is of no concern to you.
At least someone is thinking about paying done the massive debt .
This is where hard labor comes in..
i hate d man
But d man would be the first one you’d call if someone was breaking down your door in the middle of the night trying to do you harm. Get real!!
is it because you have a problem with authority
Either labour or community service.People can’t do what they want in any society. There are rules, and we must live by them. If someone doesn’t understand that, or can’t learn that, then they don’t deserve to live in our society.
Yet Police officers can curse us off and beat us when they feel no fines for them. smh But yes he was wrong.
Wow!!! I cannot believe that anyone would even defend this, or waste time arguing about the dollar amount of the fine. No wonder our society is so far gone. There are rules and ways of behaving both inappropriately and appropriately. If you don’t know what the consequences will be or aren’t willing to be satisfied with them then don’t commit the offence. His behavior was out of order whether or not he was in a coutroom or corridor. He was simply out of order. Serves him right